Rule 5 Confidentiality
Rule Text
(a) Public Records. The complaint and subsequent court filings are public records unless the court where the records are filed orders otherwise.
(b) Committee Confidentiality. The Committee deliberations and votes are confidential and not subject to discovery. No person is competent to testify to the deliberations or voting.
(c) Disclosure of Allegations.
(1) Waiver of Confidentiality. The Committee can disclose all relevant documents to individuals or entities approved by the respondent if the respondent waives the right to confidentiality.
(2) Committee Disclosure. The Committee has the discretion to provide relevant information on any allegation that was investigated if that information is requested by: (a) a corresponding disciplinary authority from another U.S. jurisdiction; (b) a recognized governmental law enforcement agency; or (c) the president, governor, or an entity lawfully empowered to conduct investigations in connection with the selection or appointment of judges. Prior to disclosure of the information, the requestor must certify that the information is necessary for: (a) a pending investigation for a disciplinary matter within their jurisdiction; (b) an investigation of an applicant for admission to that jurisdiction; or (c) a thorough vetting of a potential judicial nominee.
(3) Notification; Opportunity to Waive. Before disclosing any information under Rule 5(c)(2), the Committee must notify the respondent what information will be disclosed and offer the respondent 72 hours to waive the right to confidentiality concerning the documents.